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michigan constitution

Podcast 29: Search & Seizure (Part 3)

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Is it considered an unreasonable seizure of a person to stay with the police, while they execute a search warrant of your home? To what extent can we give credibility to an informant regarding the information they tell the police?

Podcast 25: Ex Post Facto (Part 2)

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We will finish our conversation about Ex Post Facto laws and why substantive, versus procedural, rights are the main factor we review to determine if a law change is an ex post facto violation. We have a two prong test, and then (wait for it) a 7-factor test to roll through! Now, don’t skip out. We don’t review all 7, we merely discuss the factors which are most relevant to our cases at hand!

Podcast 24: Ex Post Facto (Part 1)

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We are continuing our coverage of Article 1, Section 10 of the Michigan Constitution. Remember, there are technically three provisions which make up this one Section. Before, we covered Bills of Attainder. Now we’re going to address Ex Post Facto laws. These laws are prohibited because, by and large, the make actions criminal which were NOT criminal at the time they were committed. But the key to an actual ex post facto law entails 4 designations. We will talk about them and when laws are (but mostly aren’t) Ex Post Facto, thus unconstitutional.

Podcast 23: Bills of Attainder

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A bill of attainder occurs when the Michigan Legislature criminalizes something you did in the past, when it wasn’t illegal to do it, and does not provide you with a judicial trial. This podcast will review situations where individuals believed the Legislature took an action, against them as a Defendant, and attempted to make their behavior a criminal in nature, without the benefit of a trial.